WVC 30 - 40 - 20
§30-40-20. Complaints; investigation.
(a) The commission may upon its own motion and shall upon the
filing of a complaint setting forth a cause of action under this
article, or the rules promulgated thereunder, ascertain the facts
and if warranted hold a hearing for the suspension or revocation of
a license, or the imposition of sanctions against a licensee:
That no disciplinary action may be brought against a
licensee upon any complaint that is filed more than two years after
the acts or omissions alleged in the complaint or, where the
licensee is alleged to have engaged in fraud, deceit or
misrepresentation, more than two years after the date at which the
complainant discovered, or through reasonable diligence should have
discovered, the alleged unprofessional conduct. Time limits for
the filing of a complaint shall be tolled during any period in
which material evidence necessary for the commission's evaluation
or use is unavailable to the commission due to an ongoing criminal
investigation or prosecution.
(b) All complaints must be submitted in writing and must fully
describe the acts or omissions constituting the alleged
(c) Upon initiation or receipt of the complaint, the
commission shall provide a copy of the complaint to the licensee
for his or her response to the allegations contained in the
complaint. The accused party shall file an answer within twenty
days of the date of service. Failure of the licensee to file a timely response may be considered an admission of the allegations
in the complaint: Provided,
That nothing contained herein shall
prohibit the accused party from obtaining an extension of time to
file a response, if the commission, its executive director or other
authorized representative permits the extension.
(d) The commission may cause an investigation to be made into
the facts and circumstances giving rise to the complaint and any
person licensed by the commission has an affirmative duty to assist
the commission, or its authorized representative, in the conduct of
(e) After receiving the licensee's response and reviewing any
information obtained through investigation, the commission shall
determine if probable cause exists that the licensee has violated
any provision of this article or the rules.
(f) If a determination that probable cause exists for
disciplinary action, the commission may hold a hearing in
compliance with section twenty-one of this article or may dispose
of the matter informally through a consent agreement or otherwise.
Note: WV Code updated with legislation passed through the 2015 Regular Session
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